Life and Travels of Mungo Park in Central Africa by Mungo Park
page 42 of 456 (09%)
page 42 of 456 (09%)
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the Mahomedan laws, both civil and criminal, properly arranged and
illustrated. This frequency of appeal to written laws, with which the Pagan natives are necessarily unacquainted, has given rise in their palavers to (what I little expected to find in Africa) professional advocates, or expounders of the law, who are allowed to appear and to plead for plaintiff or defendant, much in the same manner as counsel in the law courts of Great Britain. They are Mahomedan Negroes who have made, or affect to have made, the laws of the Prophet their peculiar study; and if I may judge from their harangues, which I frequently attended, I believe that in the forensic qualifications of procrastination and cavil, and the arts of confounding and perplexing a cause, they are not always surpassed by the ablest pleaders in Europe. While I was at Pisania a cause was heard which furnished the Mahomedan lawyers with an admirable opportunity of displaying their professional dexterity. The case was this: An ass belonging to a Serawoolli Negro (a native of an interior country near the River Senegal) had broke into a field of corn belonging to one of the Mandingo inhabitants, and destroyed great part of it. The Mandingo having caught the animal in his field, immediately drew his knife and cut its throat. The Serawoolli thereupon called a _palaver_ (or in European terms, _brought an action_) to recover damages for the loss of his beast, on which he set a high value. The defendant confessed he had killed the ass, but pleaded a _set-off_, insisting that the loss he had sustained by the ravage in his corn was equal to the sum demanded for the animal. To ascertain this fact was the point at issue, and the learned advocates contrived to puzzle the cause in such a manner, that, after a hearing of three days, the court broke up without coming to any determination upon it; and a second palaver was, I suppose, thought necessary. |
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